Law Commons^™

The Chamber Of Deliberation Between The Explicit Legal Text And Judicial Reality In Social Matters, Amhamed El Amrani Zantar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The historical development of labor law has revealed the distinctive nature of the individual employment relationship, which differs from other individual contracts due to the structural imbalance between its parties and the worker's need for substantial protection. With the rise of social doctrines and theories of economic intervention, the legislator was required to intervene effectively to secure this protection and to address new forms of relationships and disputes unknown to classical private law, giving rise to new principles and institutions. Within this framework, the study examines the role of the chamber of deliberation (chambre du conseil) in social litigation, analyzing …

Collective Bargaining: Outcomes And Prospects, Abdelaziz El Atiqi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This study examines the concept of collective bargaining and its significance within labor relations. It distinguishes a narrow sense—negotiations and compromises organized to resolve collective disputes—from a broader sense encompassing all forms of structured dialogue between the parties of production or social partners, whether to regulate professional relations, develop labor law, or settle collective conflicts. In this wider meaning, collective bargaining becomes synonymous with social dialogue, the concept underpinning International Labour Organization standards, particularly Convention No. 98 (1949) on the right to organize and collective bargaining, Convention No. 154 (1981) and Recommendation of 1963 on collective negotiations. The article then …

Proving The Employment Contract Before The Moroccan Judiciary: A Commentary On Two Decisions Of The Supreme Council, Mohammed El Kachbour

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Although social (labor) law now constitutes an autonomous branch of private law, it continues to draw on many of the principles and techniques of civil law. This article examines how civil legal rules, when applied to the field of employment relations, often lose part of their original civil identity: they are frequently breached or reshaped in ways that serve the working class as the weaker party, and through successive judicial interpretations such rules gradually become exceptions to civil law and firmly rooted principles of social law. The author argues that this very dynamic has shaped the long, slow, and arduous …

The Role Of The Judiciary In Protecting The Wage Earner, Idriss Fajr

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Legal rules alone are not sufficient to ensure social order; their effectiveness depends on a judicial apparatus capable of enforcing them. This article examines the judiciary as the ultimate recourse for every vulnerable party whose rights or dignity have been infringed, with particular attention to the wage earner within the employment relationship. It analyzes the precarious situation of workers who are abruptly dismissed by their employer—whether through reclassification of a permanent worker as temporary, dismissal justified by reduced physical capacity following illness or accident, or termination grounded in alleged serious misconduct, which always requires proof. The study further considers dismissals …

Introductory Report, Redouane El Idrissi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

“To Complete Our Declaration”: The American Indian Chicago Conference, The Declaration Of Indian Purpose, And The Quest For Self-Determination, Joseph W. Ferguson

Department of History

The American Indian Chicago Conference (AICC) illuminates understudied elements within twentieth century Indigenous history. Post WWII policies of termination came to frame the conference, and archival evidence from the planning and establishment of regional conferences and founding documents allows for analysis of the deeper meaning the conference held. The planning phases, schedule, events, and outcomes of the conference indicate factors of a national Indigenous community and identity that have yet to be fully explored in the historiography of this period. The implications of termination policies on Indigenous peoples in North America act as a starting point for the conference’s development. …

Cardozo Law News Brief: July 10, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the July 10, 2026 Cardozo Law News Brief include:

• Interim Dean of Students Francesca Acocella received the National Association of Law Student Affairs Professionals’ (NALSAP) Core Four Award in recognition of her outstanding contributions to law student affairs.
• Professor Jessica Roth spoke to Bloomberg about the Supreme Court’s Cook, Slaughter, and birthright citizenship decisions, discussing their implications for the Fourteenth Amendment.
• Professor Michael Pollack was quoted in Bloomberg about the legal history of sidewalks and responsibilities for their maintenance, and also appeared on CNN to discuss a viral story about community sidewalk construction.
• Adjunct Professor Gary …

The Region As A Locus For Matching Employment And Vocational Training: Reflection On An Experience, M M Balafrej

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

Note On The 11th Congress Of The Union Of Arab Economists, Mostafa Qarouach

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

Reading Note On "The State And Local Authorities In Morocco", Abderrahim Fadil

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

Report On The Ameri Colloquium "Atlantic Convergence: The Paths Of Cooperation" (Rabat, 2–4 November 1989), Ali Boufous

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

Reflections On The Sidelines Of The Colloquium "Decentralization And Local Democracy", Ahmed Bouachik

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

A Study Of Inter-Arab Relations: Morocco–Mashreq Relations (Report On A Doctoral Thesis), Es-Saïd Kinana

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

Recently Published — Special Issue On "Privatization" Of The Moroccan Review Of Public Finance And Economics, Mostafa Rhomari

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This note presents a recently published special issue of the Revue Marocaine de Finances Publiques et d'Économie (Moroccan Review of Public Finance and Economics) devoted to privatization in developed countries, developing countries, and Morocco. Rather than summarizing the individual contributions, the author highlights the multidisciplinary reference points (finance, economics, law) addressed from different angles. The issue opens with the foundations, philosophy, and objectives of privatization in Morocco as presented by the Minister Delegate for Economic Affairs and Privatization, followed by contributions examining the considerable stakes of privatization, the disengagement of the State, the conceptual questions it raises, and its financing …

Thesis Review — "Repressive Justice In Morocco: Dependence And The Protectorate Model" (Doctoral Thesis By Thami Lasry), Mohamed Jaouhar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This text is a review of Thami Lasry's State doctorate thesis in private law, "La justice répressive au Maroc: dépendance et modèle protectoral," defended at the Faculty of Law of Casablanca on 18 July 1989. The reviewed work analyzes Moroccan criminal (repressive) justice in both its institutions and its evolution, assessing protectorate-era legislation and its post-independence continuation. A preliminary chapter examines the pre-protectorate juridical situation, marked by legal and political imbalance (Bled Siba / Bled El Makhzen) and the duality of the Muslim and Berber legal orders. The thesis is then organized in two parts—a systematic dependence and a juridical …

The Modernization Of Public Administration In Morocco, Mostafa Rhomari

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the modernization of public administration in Morocco, structured around three main axes. The first concerns the simplification of administrative circuits and procedures, a permanent concern of the public authorities, illustrated by reforms in personnel management, public procurement, and social-welfare procedures, and by the Royal Letter of June 1989 aimed at reducing the administrative delays that discourage investment. The second axis addresses the modernization of management methods, focusing on the administration's computerization (informatisation) and the need for an appropriate inter-ministerial coordination structure to rationalize information-technology resources and harmonize ministerial programs. The third axis defines a personnel policy, emphasizing …

Book Review — "Introduction To Marketing: Moroccan Experiences" By Mamoun Lahbabi, S. Benchekroun

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This reading note reviews Mamoun Lahbabi's book "Initiation au marketing. Expériences marocaines," presented as a plea addressed to firms still reluctant to adopt a market-oriented approach. The reviewer situates the book within a context of intensifying competition and the opening of markets, in which consumers' renewed demands compel firms toward greater quality and continuous effort. The work is organized around a trilogy: a simplified presentation of dominant marketing concepts, a continuous illustration of Moroccan practice, and a marketing analysis of specific firms. The note outlines the book's five chapters, covering the historical background and components of the marketing concept, demand …

The Question Of Rural Space Planning In Morocco, El Maâti Lami

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article addresses the planning and development of rural space (aménagement de l'espace rural) in Morocco, a discipline the author considers to lack a complete theoretical and scientific foundation. The first part defines rural space and its implications, distinguishing it from urban, agricultural, and pastoral space, and presents the natural distribution of Moroccan territory (agricultural, pastoral, forest, and uncultivated land). The second part analyzes the major obstacles to rural planning: institutional obstacles arising from the dispersion of competences among numerous ministries (notably Interior and Agriculture) and among central and local actors, and financial obstacles reflected in weak local finances and …

The Disciplinary Power Of The Order Of Physicians, Dris Sdoud

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article analyzes the disciplinary power of the Moroccan Order of Physicians, tracing its legal foundations and organization. After reviewing the historical evolution from the dahirs of 1941 and 1949 to the framework established by the dahir bearing law of 21 March 1984, the author examines the foundation of disciplinary power through two competing doctrines—contract theory and institution theory—favoring the latter as inherent to the professional order. The study then addresses the disciplinary competence of the regional and national councils (ratione personae, ratione materiae, and ratione loci), the notion of professional misconduct, and the categories of disciplinary sanctions (moral penalties, …

The Experience Of Administrative Reform In Morocco, Hassan Ouazzani Chahdi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article traces Morocco's experience of administrative reform from independence to the late 1980s, conceived less as a single rupture than as a series of continuous adaptations of the inherited administrative apparatus. After discussing competing definitions of administrative reform, the author examines how the theme has been articulated in political discourse - royal and prime-ministerial speeches - in successive national development plans (from 1973-1977 to 1988-1992), and in administrative texts emanating chiefly from the Ministry of Administrative Affairs. The second part assesses reform in practice across three domains: the reform of ministerial structures undertaken from 1973, the reform of public-service …

The Provincial And Prefectural System In Morocco, Abdelfattah Eddahbi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines Morocco's provincial and prefectural system, characterized by a historical specificity that blends Muslim and Makhzen traditions with principles borrowed from French public law (deconcentration, decentralization, administrative supervision). The first part identifies the actors of the system: the provincial or prefectural assembly, a marginalized elected body subject to strict supervisory control (tutelle) over both its acts and its members, and the governor, the State representative who holds preeminent executive power through information-gathering and decision-making. The second part analyzes the governor's missions, distinguishing traditional missions (hierarchical power over local authority agents, maintenance of public order and administrative police powers) …

The Control Of Public Administration In Morocco, Abdellah El Moutaouakil

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article offers a critical survey of the mechanisms controlling public administration in Morocco at the central level. Distinguishing internal from external controls, the author first examines internal administrative controls - the 'apparent' controls exercised by inspection bodies with limited or extended competence (notably the General Inspectorate of Administrative Services and the General Inspectorate of Finance) and the 'presumed' controls inherent in administrative hierarchy, whether exercised ex officio or upon appeal by citizens. He then analyses external controls: judicial review before the Supreme Court, financial control by the recently established Court of Accounts, parliamentary control through written and oral questions, …

An Essay On The Definition Of The Ship (Maritime Law, Law Of The Sea), Mohamed Dhimni

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Public international maritime law and the law of the sea provide no uniform definition of the 'ship', a lacuna left unresolved by the 1958 Geneva Conventions and the 1982 Montego Bay Convention. This study surveys three sources - legal doctrine, national legislation and international conventions - to identify the constitutive criteria of the vessel. The author shows that, despite considerable terminological confusion arising from the proliferation of new craft (hovercraft, hydrofoils, floating platforms, automated and submersible engines), doctrine and most legal texts converge on aptitude for maritime navigation as the essential criterion. After examining how comparative legislation and successive conventions …

The Strategy Of Empires, Mohamed Ghomari

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This essay analyses the strategic logic of the two Cold War 'empires', the United States and the Soviet Union, from the Yalta partition of the world to the late-1980s rapprochement. The author traces the doctrine of mutual nuclear deterrence - the arms race and the resulting 'balance of terror' - through which each superpower sought to make any aggression suicidal while avoiding direct confrontation. He then examines the breakdown of this equilibrium, driven by the spiralling cost of armament, the destabilising prospect of the American Strategic Defense Initiative ('Star Wars'), and Gorbachev's policies of perestroika and glasnost, which reduced the …

American Military Actions Against Libya And International Law, Abdelkhaleq Berramdane

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines, under public international law, the legality of the two United States military operations against Libya in 1986: Prairie Fire (24-25 March) and Eldorado Canyon (14-15 April). The author argues that both contravene the customary and conventional obligation of non-intervention and the prohibition of the use of force in Article 2(4) of the UN Charter. Relying on the International Court of Justice's Nicaragua and Corfu Channel judgments and on General Assembly resolutions, he shows that the conditions for self-defence under Article 51 - prior armed aggression, necessity and proportionality - were not met. The study then qualifies this …

Legal Aspects Of The Feasibility Of The Fixed Link Project — Introductory Report, Abdelhamid Ahmady

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This introductory report reviews the legal aspects of the feasibility of the proposed fixed link across the Strait of Gibraltar connecting Spain and Morocco. Written in the spirit of the third international colloquium (Marrakech, 1990) and drawing on nearly a decade of pre-feasibility studies, the author presents the methodology adopted by the Spanish-Moroccan legal working group established under the 1980 cooperation agreement. The analysis situates the project within its geopolitical context — the meeting point of the Mediterranean and the Atlantic and of two regional groupings (the EEC and the Arab Maghreb Union) — and addresses the central question of …

National Sovereignty And International Arbitration, Jamila Houfaidi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article explores the tension between national sovereignty and international arbitration in investment disputes between underdeveloped states and foreign companies. Against the backdrop of the perceived decline of the socialist system and the New International Economic Order, the author traces how the principle of permanent sovereignty over natural resources has shaped, and been challenged by, arbitral practice. The first part examines the internal legal order: how recourse to arbitration, originally an act of sovereign will, became an instrument through which foreign investors sought to remove disputes from host-state law, as illustrated by colonial and post-colonial petroleum codes and the Calvo …

Agriculture In The Moroccan Development Strategy, Abdeslam Seddiki

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article analyzes the place of agriculture in Morocco's development strategy since independence. Although agriculture is officially a priority sector, it fails to ensure the country's food self-sufficiency and security, covering only part of cereal, dairy and edible-oil consumption while employing over 40% of the active population for only 15% of GDP. The author reviews the objectives and means of agricultural policy — the dam-building strategy, the 1969 Agricultural Investment Code, and agricultural credit — and shows that public action has chiefly benefited large irrigated estates, aggravating regional and social inequalities and the proletarianisation of the peasantry. State subsidies, mechanisation, …

Some Theoretical Analyses And Applied Problems Of Domestic Price Regulation In Developing Economies, Jean-Paul Courtheoux

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the theoretical foundations and applied problems of domestic price regulation in developing countries. Starting from the French experience, where price controls emerged in post-war scarcity and were abolished only after 1986, the author argues that price regulation in developing economies is not merely an anti-inflationary instrument but a fundamental component of economic and social equilibrium. Two questions structure the analysis: the relationship between price regulation and the level of development, and the original features such regulation acquires under conditions of scarcity. Drawing primarily on the cases of Benin and India, the study identifies economic criteria (price level, …

Monetary Authority In Morocco: Organization And Powers, Larbi Benothmane

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This study analyzes the organization and powers of the monetary authority in Morocco. While the public-service mission of monetisation is shared among numerous institutions — the Ministry of Finance, Bank Al Maghrib (the central bank), the Credit and Financial Market Committee (CCMF), the Professional Grouping of Banks and specialized financial bodies — the author argues that monetary authority proper belongs essentially to the Ministry of Finance and the central bank, and only accessorily to the CCMF. Based on the 1959 statutes of Bank Al Maghrib and the 1967 royal decree on the banking profession, the analysis shows that the Minister …